Power Of Attorney: Frequently Asked Questions

When should I give someone else my Power of Attorney?

You may consider giving someone your Power of Attorney when an extended absence prevents you from handling your own affairs or when a specific transaction needs to be accomplished in your absence.

Who can I name as my Attorney-in-Fact?

You can name any adult who is legally able to enter into a contract. The person you choose does not have to be a relative.

Does a Power of Attorney have to be writing? Must it be notarized?

Yes. The Power of Attorney must be in writing and notarized.

How should by Attorney-in-Fact sign documents on my behalf?

The signature should real like this: The name of the person who gave the power by the name of the person who has been given the power to act as Attorney-in-Fact. For example: John Doe by Jane Doe, his Attorney-in-Fact.

Is a Power of Attorney still valid after I become disabled? If I die?

If the Power of Attorney says it is "durable," it will, in most cases, continue to be effective even is you are disabled. A Power of Attorney is automatically revoked upon your death.

How can I cancel or revoke a Power of Attorney?

If you want to terminate a power of attorney before it expires, you can prepare and execute a Revocation of Power of Attorney and give a copy of the revocation to any person that might deal with the person to whom you gave the power of attorney. If the Power of Attorney was recorded with a County Recorder's office it is recommended that your revocation also be promptly recorded as well.

Extra Information:

Never have a power of attorney unless you need one. If you feel you might need a power of attorney, have one prepared but do not sign it until you need it.

Always put an expiration date on your power of attorney. Make sure your expiration date is for a fairly short period of time - Never more than 2 years.

Never use a general power of attorney when a special one will do.

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